Elder Law: Introduction and Federal Law

Federal Government Resources

Principal agency of the U.S. Dept. of Health and Human Services to carry out the provisions of the Older Americans Act of 1965; home and community-based services, nutrition and health promotion, elder justice and adult protective services.

Federal agency within the U.S. Dept. of Health & Human Services that administers Medicare and works with state governments to administer Medicaid; sets health and safety standards, research, statistics, data, outreach and education.

Focal point in the Senate for discussion and debate on matters relating to older Americans; reviews and recommends needed legislation.

Why Elder Law?

The Elder Law attorney will deal with elder abuse and neglect, guardianship and conservatorship, age discrimination, planning for diminished capacity, the right to refuse treatment and the right to die, financial planning, wealth management and property transfers, retirement benefit plans and long-term care issues. Both federal and state laws exist to assist the elderly, and are frequently being changed and updated. Ethical questions also challenge the Elder Law attorney: Who is the client? The older person? Their family? Does the family have undue influence over the older person? Is the client competent to give informed consent? At what point is the client medically incapacitated?

There are many issues to be explored in the field of Elder Law, and this guide will provide some jumping-off points!